HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Jovis 2° Martii 2000

The House met at three oclock.

PRAYERS were read by the Lord Bishop of Bristol.

Judicial Business

1. Jarvis (A.P.) (Petitioner) v. Hampshire County Council (Respondents)The petition of Marcus Lee Jarvis praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners legal aid certificate was lodged.

2. Ord (A.P.) (Petitioner) v. Upton (as trustee of the property of David John Ord (a bankrupt)) (Respondent)The petition of David John Ord praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. The petitioners legal aid certificate was lodged.

3. Commissioners of Customs and Excise (Respondents) v. Gardner (Petitioner)The petition of Dennis Albert Gardner praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.

4. Goodacre (Petitioner) v. Bates and others (Respondents)The petition of Brian Vincent Forest Goodacre praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.

5. Houghton (Petitioner) v. Cheshire Carpentry and Construction Limited (Respondents)The petition of Derek James Houghton praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee.

6. Appeal CommitteeThe 29th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Orders were made

Byrne (Respondent) v. Inntrepreneur Beer Supply Company Limited (formerly known as Courage Limited) (Petitioners)That leave to appeal be refused; and that the petitioners do pay to the respondent the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties and that the costs of the respondent be taxed in accordance with the Legal Aid Act 1988.

Byrne (Petitioner) v. Inntrepreneur Beer Supply Company Limited (formerly known as Courage Limited) (Respondents)That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988 and that the respondents costs be paid out of the Legal Aid Fund in accordance with section 18 of the Legal Aid Act 1988, such order to be suspended until 30th March next to enable the Legal Aid Board to object if they wish.

7. Appeal CommitteeThe 30th Report from the Appeal Committee was made and ordered to be printed. (HL Paper 40)

8. Appeal CommitteeThe 31st Report from the Appeal Committee was agreed to and the following Order was made

Birmingham Midshires Mortgage Services Limited (Respondents) v. Sabherwal and another and another (Petitioner)That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

9. Appeal CommitteeThe 32nd Report from the Appeal Committee was agreed to and the following Orders were made

Turner (Respondent) v. Grovit and others (Petitioners)That the respondent be invited to lodge objections by 16th March next.

Mallick (Petitioner) v. Liverpool City Council (Respondents)That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Islam and another (A.P.) (Petitioners) and another v. Director of Public Prosecutions (Respondent)That the respondent be invited to lodge objections by 16th March next.

Islam and another and another (A.P.) (Petitioner) v. Director of Public Prosecutions (Respondent)That the respondent be invited to lodge objections by 16th March next.

Kearney (Respondent) v. Dundon (Petitioner) (2000)That leave to appeal be refused; that the respondent be at liberty to apply for his costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Commissioners of Customs and Excise (Respondents) v. Gardner (Petitioner)That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

10. Command PaperThe following paper was presented to the House by command of Her Majesty and ordered to lie on the Table:

Nuclear EnergyExchange of Notes between the United Kingdom, Germany, the Netherlands and the United States concerning the application of non-proliferation assurances to low enriched uranium for retransfer to Taiwan, together with an explanatory memorandum. (4661)

11. Affirmative InstrumentThe following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

13. Learning and Skills Bill [HL]It was moved by the Lord Bach, on behalf of the Baroness Blackstone, that the amendments for the Report stage be marshalled and considered in the following order:

Clause 1

Schedule 1

Clauses 2 to 19

Schedule 2

Clauses 20 to 26

Schedule 3

Clauses 27 to 30

Schedule 4

Clauses 31 to 46

Schedule 5

Clauses 47 to 50

Schedule 6

Clauses 51 to 101

Schedule 7

Clauses 102 to 116

Schedule 8

Clause 117

Schedule 9

Clauses 118 to 119

Schedule 10

Clauses 120 to 122;

the motion was agreed to.

14. Local Government Bill [HL]The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; it was ordered that the bill be printed as amended. (HL Bill 43)

15. Community Legal Service (Scope) Regulations 2000

16. Community Legal Service (Cost Protection) Regulations 2000

It was moved by the Lord Bach that the draft Regulations laid before the House on 21st February be approved en bloc; after debate, the motion was agreed to.

17. Funding CodeIt was moved by the Lord Bach that the draft Code laid before the House on 28th February be approved; the motion was agreed to.

18. Conditional Fee Agreements Order 2000It was moved by the Lord Bach that the draft Order laid before the House on 21st February be approved; the motion was agreed to.